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<br />1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking
<br />any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
<br />with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not
<br />include an action made for ordinary business purposes; and
<br />2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership,
<br />joint venture, limited partnership, limited liability partnership, or any limited liability company, including a
<br />wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business
<br />associations that exist to make a profit.
<br />
<br />ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION
<br />As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a
<br />company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization –
<br />specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
<br />Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively
<br />declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions
<br />regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
<br />
<br />ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN
<br />TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020
<br />and as amended October 26, 2020)
<br />Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered
<br />telecommunications equipment or services as a substantial or essential component of any system, or as critical
<br />technology as part of any system. ‘‘Covered telecommunications equipment or services means 1)
<br />telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
<br />subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities,
<br />physical security surveillance of critical infrastructure, and other national security purposes, video surveillance
<br />and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
<br />Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
<br />3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4)
<br />telecommunications or video surveillance equipment or services produced or provided by an entity that the
<br />Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal
<br />Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,
<br />the government of a covered foreign country.
<br />
<br />Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26
<br />requires that Contractors review SAM prior to completing their required representations. This rule applies to all
<br />acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of
<br />commercial items, including commercially available off the-shelf items.
<br />
<br />ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program)
<br />With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program
<br />and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and
<br />regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part
<br />210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by
<br />CUSTOMER/END USER regarding such programs.
<br />
<br />In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy
<br />American Provision, or the applicability of an exception to the Buy American provision, H-GAC
<br />CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC
<br />DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105DocuSign Envelope ID: 7E694176-9E31-49DB-A1E4-AFB129905EB1
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